By PETER WONG
Oregon Capital Bureau
Gov. Tina Kotek says it is “not an option” for Republicans to demand Democratic abandonment or substantial revision of legislation ensuring access to abortion and gender-affirming health care in exchange for their return to the Oregon Senate, where their walkout has now reached the four-week mark.
The Democratic chief executive released a statement Wednesday after she met five times with Senate Republican Leader Tim Knopp of Bend and other party caucuses in both chambers over the past nine days. The Senate has been stymied since May 3 because the Republican walkout left Democrats with less than the two-thirds majority required under the Oregon constitution to conduct business and take votes.
Her statement in part, referring specifically to the abortion and gender-affirming care legislation:
“I put forward an earnest proposal based on the Senate Republicans’ priorities and concerns that included compromises by the Senate president and speaker of the House on a variety of process and policy issues. I never promised anything I didn’t think I could deliver on.
“After a week of productive conversations and continued attempts to work with the Senate Republican caucus to revive a number of their priorities, I am disappointed that Senator Knopp has made clear to me that there is not a path forward unless House Bill 2002 is substantially amended or dead.
“It is clear from my conversations that negotiating on House Bill 2002 is not an option. The bill has already passed the House and is scheduled for a floor vote in the Senate, where it has broad support. Today, the Senate Republican walkout is entering its fifth week and is already the longest in Oregon history. There is still a window for Senate Republicans to return to the table and achieve some of their policy goals for the session and deliver for Oregonians, but it is getting more narrow by the hour.”
Not the first time
As House speaker in 2020, Kotek herself had to deal with a walkout by House Republicans — acting in tandem with Senate Republicans — to thwart legislative votes on proposed climate-change legislation. She and then-Senate President Peter Courtney then shut down the short session a few days ahead of the constitutional deadline. The legislation died, along with budget adjustments and other bills.
This time, however, most agencies still do not have budgets for the two-year cycle that starts July 1, although the Legislature passed and Kotek signed legislation that gives them extended spending authority through Sept. 15. Other bills that have passed one chamber but not the other are in limbo.
The current 160-day session is scheduled to end June 25. Senate Republicans have said they would return then to act on budgets, but they in essence would have a veto over anything the Senate takes up, given that time limits for advancing bills would have to be waived by two-thirds majorities.
The Legislature could extend the session in 5-day increments, but that provision of the 2010 annual sessions measure has never been invoked — and session extensions would require two-thirds majorities.
Kotek or simple majorities of the Legislature could convene a special session — but it would require all legislation to be introduced anew, because unlike an extended session, there is no carryover of bills from the previous session.
The Legislature does have constitutional authority to discipline members for “disruptive behavior,” but two-thirds majorities are required for the ultimate step of expulsion — which has occurred only once since Oregon became a state in 1859, and that was in the House two years ago.
Senate Republicans double down
Meanwhile, despite voter approval of a 2022 ballot measure intended to avert future walkouts, Senate Republicans are doubling down.
They have engaged a Portland lawyer, John DiLorenzo, to mount a legal challenge to the constitutional amendment that voters approved Nov. 8 as Measure 113. The measure, which qualified for a statewide election via the initiative process, would disqualify legislators from seeking re-election if they have more than 10 unexcused absences from floor sessions. (Nine Republicans and an independent originally elected as a Republican have passed that threshold; three other Republicans have not.)
After Kotek released her statement, majority Democrats and Republican leader Knopp traded comments in written statements:
Knopp: “Republicans entered good-faith discussions with the governor over the last several days. Our goal was to find a bipartisan resolution for the end of session resulting in the passage of substantially bipartisan budgets and bills. Unfortunately, the governor was focused on a return to the status quo: an agenda that is unlawful, uncompromising, and unconstitutional.
“If Democrats want us to provide a quorum before June 25, they must agree to follow Senate rules, follow the law, and work to put forward constitutional, bipartisan bills that don’t violate a parents’ sacred right to love and care for their child. In the meantime, we will continue to work every day on behalf of the Oregonians we took an oath to represent.”
Senate President Rob Wagner, D-Lake Oswego: “The people of Oregon were clear when they amended our Constitution last fall: walkouts are not an acceptable part of our legislative process. It is well past time for Senate Republicans to return to work and earn their taxpayer-funded pay. We have hundreds of bills that have gone through our rigorous committee process. These bills must have an up or down vote on the Senate floor.”
Senate Majority Leader Kate Lieber, D-Beaverton: “Our message is the same as it was on Day 1: these Senators need to do their jobs. The people of Oregon have to show up to work every day, their legislators should too. Disagreement is a part of our democracy, but walking out on the job and holding the entire state hostage isn’t fair to the people of Oregon.
“Oregonians are tired of walkouts. Out of respect for the people of this state and our basic duties as lawmakers, we should be holding public, transparent votes on every bill and budget that comes to the Senate floor.”
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